CAV JUDGMENT

1. Heard Mr.Siya Ram Shahi learned counsel for the petitioner and Mr. Parijat Saurav, learned counsel for the respondents.

2. The petitioner has filed the instant application for the following reliefs:-

“(i) For issuance of an appropriate writ in quashing the Memo no. 786 dated 08.09.2016 issued by Finance Department, Grievance Redressal Committee contained in Annexure-2 at Page-47 whereby the petitioner's representation seeking grant of ACP benefit in terms of the Govt. Resolution dated 08.01.2016 contained in Annexure-3 of the Supplementary Affidavit at Page-68 with reckoning his regular service of 20 years, has been rejected.

(ii) The petitioner has also prayed for grant of 1st ACP benefit w.e.f. 11.07.2002 in the Pay Scale of Rs. 6500-10500 and 2nd ACP benefit w.e.f. 11.07.2010 in Pay Band of Rs. 9300-34,800 with Grade Pay of Rs. 5400/-.

(iii) The petitioner has also prayed for direction to grant all the consequential benefits.”

3. The case of the petitioner in brief is that his father who was an employee in the Treasury cadre having died in harness, the petitioner being a graduate was appointed on compassionate ground as a Typist on 10.7.1990 in the Directorate of Treasury and Accounts in the pay scale of Rs. 1200-13-1800. He joined on 11.7.1990. The petitioner passed his Hindi Noting and Drafting test on 21.2.1992 and also successfully cleared his accounts examination for clerk.

4. It is the case of the petitioner that after the 6th Pay Revision, he was put in the pay scale of Rs. 5000-8000 with effect from 1.1.1996 in light of the judgment dated 26.7.2001 in the case of Dhananjay Sharma vs. State of Bihar; 2001(4)PLJR 533. He was granted the benefit of the 1st ACP (Assured Career Progression) in the pay scale of Rs. 5500-9000 on 11.7.2002. After 7th Pay Revision, he was put in the pay band of Rs. 9300-34,800 with pay grade of Rs. 4600 with effect from 1.4.2007. He is at present working as Accountant in Saran Treasury at Chapra. The petitioner who was initially appointed as a Typist on compassionate ground and posted in the Saran Treasury, after merger of his post, the petitioner was designated as Clerk. In terms of the Memo no. 7063 dated 28.9.2000, the nomenclature of Treasury Clerk was changed to Treasury Accountant.

5. It is submitted by learned counsel appearing for the petitioner that the petitioner moved before the respondents for grant of benefit of financial upgradation as provided in the resolution dated 8.1.2016 of the Finance Department, Government of Bihar. However, the respondent Government of Bihar, came out with a notification contained in letter no. 2856 dated 6.4.2016, misinterpreting the Finance Department resolution no. 163 dated 8.1.2016 and held that clerks appointed on compassionate ground as in the case of the petitioner are not Accounting Clerks and are thus not entitled to the benefits of the said financial upgradation. On the application having been filed by the petitioner under the provisions of the Bihar State Litigation Policy, 2011, the Grievance Redressal Committee of the Finance Department in its meeting held on 8.9.2016 was pleased to reject the same. As such, the instant writ application for the reliefs prayed for as stated herein above.

6. It is submitted by learned counsel appearing for the petitioner that in the case of Dhananjay Sharma (supra), this Court while allowing the application and quashing orders/letters impugned directed the State- respondents to implement the recommendation of the Fitment Appellate Committee forthwith positively within one month. Further direction was given to the respondents to pay to the petitioner the pay scale of Rs. 5000- 8000 which they were admittedly getting by virtue of interim orders passed by this Court from time to time. The said judgment on being challenged in LPA no. 165 of 2002 (The State of Bihar & Anr. versus Dhananjay Sharma & Ors.) was dismissed on 27.4.2010 and the S.L.P.(Civil) no. 1381 of 2011(The State of Bihar & A